Immunity Law
 
State of Utah v. Bond


A jury convicted Martin Bond of several heinous crimes, including aggravated kidnapping and aggravated murder. Mr. Bond challenges his convictions on three grounds. First, he argues the prosecutor committed misconduct by calling Benjamin Rettig, Mr. Bond’s codefendant, to testify when Mr. Rettig had indicated an intention to invoke his Fifth Amendment privilege against self-incrimination and,

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Kyana Fennell, et al v. Marion Independent School

Plaintiffs–Appellants Lawanda Fennell-Kinney and Kyana Fennell, on behalf of Kyrianna Adams Fennell and Kavin Johnson, brought claims under Title VI of the Civil Rights Act of 1964 and 42 U.S.C. § 1983 against Marion Independent School District and two of its employees, Glenn Davis and Cynthia Manley. The district court granted Defendants–Appellees’ motion for summary judgment as to all claims, an

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Brusby v. Metropolitan District

The following facts and procedural history are relevant to this appeal. The plaintiff owns and resides in a house located on Newport Avenue in West Hartford. The defendant is a municipal corporation that provides potable water and sewerage services to its customers, including the plaintiff, on a regional basis. On October 15, 2005, and March 7, 2011, raw sewage entered into and flooded the plainti

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Texas State Technical College v. Monique Washington

Monique Washington alleged she slipped and fell in some water in a building on the campus of Texas State Technical College, a governmental entity. A water line had broken in the ceiling of the building and flooded the floor. Washington sued TSTC for the injuries she sustained in her fall. TSTC filed a plea to the jurisdiction which the trial court denied. Because the trial court did not err in den

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Charles N. Taylor, Jr. v. Dee Margo, in his individual and official capacities and Michael Williams, in his individual and official capacities

Charles Taylor, appearing pro se, appeals from an order dismissing his lawsuit against Michael Williams, Commissioner of the Texas Education Agency, and Donald “Dee” Margo, the President of the Board of Managers, who was appointed by Williams to manage the El Paso Independent School District. For the reasons that follow, we affirm.
FACTUAL SUMMARY
This litigation stems from a corruption an

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The City of Socorro v. Enrique Hernandez and David Maldonado

According to the live pleadings below, on or about December 23, 2009, Enrique Hernandez and David Maldonado were involved in a collision on a darkened section of North Loop Drive in Socorro, Texas. The crash rendered Hernandez’s car inoperable and it stopped dead in the street. The electrical system was damaged and the hazard lights were not working. A police unit of the City responded to a report

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Tenorio v. Pitzer

Although the district court denied summary judgment and has not entered a
final judgment, “we have interlocutory jurisdiction over denials of qualified immunity
at the summary judgment stage to the extent that they turn on an issue of law.”
Romero v. Story, 672 F.3d 880, 882 (10th Cir. 2012) (brackets and internal quotation
marks omitted). We reduce the question before us to

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George Dawson v. Michael Brown

On the evening of December 14, 2011, Officer Steve Stirmell of the Jerome Police Department observed a white pickup truck speeding on Iles Avenue. Officer Stirmell followed the truck and activated his sirens. The driver of the truck, Greg Dawson (“Greg”), ignored the sirens and continued driving. As a result, Officer Stirmell radioed for assistance. Around 10:28 p.m., Officer Brown of the Springfi

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Derek Burton v. Michael Downey

Burton was detained at the JCDC from September 23,  2009 to March 17, 2011, while he awaited trial and sentencing for charges of home repair fraud, false impersonation of  a firefighter, and driving on a revoked license. Before his detention, Burton had been treated by Dr. Zumwalt, a 
primary care physician, for numerous health issues, including chronic back pain, chronic anxiety, acid reflux,

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David Herr v. U.S. Forest Service

David and Pamela Herr bought waterfront property on Crooked Lake in the Upper Peninsula of Michigan and planned to use their gas-powered motorboat on it. That plan was dashed when the U.S. Forest Service threatened to enforce a regulation that bans non-electric motorboats from the ninety-five percent of the lake that falls within a National Wilderness Area. The Herrs responded with this lawsuit,

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Asse International, Inc. v. John F. Kerry

Congress created the Exchange Visitor Program (EVP) to allow foreign nationals to participate in temporary cultural and educational exchange programs in the United States. The Department of State administers the EVP, with the assistance of various third-party program sponsors. This case arises out of sanctions that the Department imposed against one of these sponsors, ASSE International (ASSE), fo

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Kelly Fanti v. Richard Weinstock

Kelly D. Fanti appeals the District Court’s grant of summary judgment in favor of Appellees, Troopers with the Pennsylvania State Police and employees of the Pennsylvania Department of Transportation (“PennDOT”),
on her Fourteenth Amendment substantive and procedural due process claims brought under 42 U.S.C.
§ 1983. For the reasons set forth below, we will affirm.

Fanti

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Ron D. GLICK, Plaintiff–Appellant, v. Dave EDWARDS, Defendant–Appellee.

OPINION
An old fable tells tale of a Pope, who, convinced of his own grave sin, called on his cardinals to judge him. “No, Your Holiness!” they replied. “We cannot sit in judgment over you. You must be your own judge.” And so, faced with the necessity his soul be judged, the Pope judged himself. He confessed his sin and abdicated the Holy See. He is now commemorated as a saint.
This ancien

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The Regents of the University of California et al. v. Superior Court of Los Angeles County et al.

Damon Thompson transferred to UCLA in the fall of 2008. Shortly after enrolling in classes, Thompson sent several emails to his history professor, Stephen Frank, reporting that he was “angered” by “offensive” remarks other students had made to him during an examination. Thompson asserted that he was “outrage[d]” because he believed the students’ conduct had affected his academic performance. Fr

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Dean v. University at Buffalo School of Medicine and Biomedical Sciences

Maxiam Dean enrolled in the four‐year M.D. course at UBMED in August 10
2004. The program is divided in two phases, each comprising two years of study. 11
To progress to the latter stage a student must pass all first‐phase modules and 12
electives, a second‐year clinical competency examination, and Step 1 of the 13
USMLE administered by the National Board of 

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Russell Tenorio v. Brian Pitzer

Albuquerque Police Officer Brian Pitzer shot Russell Tenorio when responding
to an emergency call. Tenorio sued Pitzer in the United States District Court for the
District of New Mexico under 42 U.S.C. § 1983, asserting that Pitzer violated his
Fourth Amendment rights by using excessive force. The district court denied Pitzer’s
motion for summary judgment, concluding that there was

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Council on Dev. Disabilities, Inc. v. Cabinet for Health & Family Servs.

The Appellant, the Council on Developmental Disabilities, Inc., is a
Kentucky nonprofit corporation that advocates for "children and adults with
mental retardation and their families and other interested persons in the
community." It receives funding from several sources, including Metro United
Way and the Louisville/Jefferson County Metro Government.
In January 2010, the

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In the Matter of the Worker's Compensation Claim Of: Adalberto Gonzalez

Mr. Gonzalez states the issues on appeal as follows:
A. Whether W.S. § 27-14-102(a)(vii)’s documentationbased “reasonable belief” can exist, at the time of hire, when the employer inspects no documents upon hire. B. Whether W.S. § 27-14-102(a)(vii)’s “reasonable belief” in USICS-granted work permission can exist, when the employer possesses no USCIS documentation.
Reiman first hired Mr. Go

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Martin Hayes v. City of Plummer

On September 17, 2011, Martin Hayes (Hayes)1 was seriously injured after stumbling on uneven ground hidden by grass while attending his grandson’s Pop Warner football game at the Plummer School Park (Park), which is owned by the City of Plummer (City). Hayes did not pay any fee or admission to enter the Park.2 Hayes filed a premises liability claim against the City for his injuries.3 In turn, the

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Edward C. O'Bannon, Jr. v. National Collegiate Athletic Association, aka, The NCAA

Section 1 of the Sherman Antitrust Act of 1890, 15 U.S.C.
§ 1, prohibits “[e]very contract, combination . . . , or
conspiracy, in restraint of trade or commerce.” For more than
a century, the National Collegiate Athletic Association
(NCAA) has prescribed rules governing the eligibility of
athletes at its more than 1,000 member colleges and
universities. Those rules prohibit

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United States of America v. Joseph W. Nagle

Joseph Nagle and Ernest Fink were co-owners and executives of concrete manufacturing and construction businesses. The businesses entered into a relationship with a company owned by a person of Filipino descent. His company would bid for subcontracts on Pennsylvania transportation projects as a disadvantaged business enterprise. If his company won the bid for the subcontract, Nagle and Fink’s busin

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City of San Antonio and San Antonio River Authority v. Osvaldo Peralta

Appellants City of San Antonio and San Antonio River Authority were sued by Appellee Osvaldo Peralta for damages from injuries he suffered from a bicycle accident on the San Antonio River Walk. Peralta alleged Appellants’ immunity is waived under the premises defect and special defect liability provisions in the Texas Tort Claims Act. In their separate pleas to the jurisdiction, Appellants argued

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Ray Basaldua v. George Farinacci, Ladona Farinacci and Jim House

Appellant Ray Basaldua appeals a summary judgment granted in favor of appellees George Farinacci, LaDona Farinacci, and Jim House. In his first issue, Basaldua contends the appellees’ motion challenged only one of his causes of action; therefore, the trial court erred in granting summary judgment on all of his claims. In his second issue, Basaldua asserts the trial court erred in granting summary

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Commonwealth v. Estabrook

To provide context, we summarize some of the
background facts as found by the motion judge, reserving
additional facts for consideration in connection with the issues
raised in these appeals.3 At approximately 3:50 A.M. on July 7,
2012, Quintin Koehler (victim) and his brother, Ryan, were at
their home in Billerica when they heard loud noises coming from
the kitchen.

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Randy Cole, et al v. Michael Hunter, et al

Seventeen-year-old Ryan Cole was a junior at Sachse High School.1 Ryan suffered from obsessive-compulsive disorder. The night before the shooting, he quarreled with his parents, and later took guns and ammunition from their gun safe. He visited his friend Eric Reed Jr. late that night. One of the cases before us comes from a denial of summary judgment, and one from a denial of a motion to dismiss.

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AK Morlan
Kent Morlan, Esq.
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